Does the legal 'right' recognized in Miller v. Alabama include all substantive components necessary to its creation, including the well-established rationale upon which the Court based its decision?

QUESTIONS PRESENTED Petitioner, Kenneth Davenport, was convicted for the March 1973 murders of his parents, Alexander and Rowilla Davenport, and his two younger brothers, Edmund ; _ and Peter. His age at the time of the crimes was 18 years and 4 months. In addition to the immaturity, impetuousness, and vulnerability recognized in the Court's jurisprudence limiting punishment of juvenile offenders, Petitioner was severely mentally ill and psychotic at the time of the crimes. His condition of "paranoid schizophrenia" and being "an individual who had never really grown or matured" was "exacerbated by the habitual use of of and narcotic drugs." 1. Does the legal "right" recognized in Miller v. Alabama, 132 S.Ct. 2455 (2012), include all substantive components necessary to its creation, including "the well-established rationale" upon which the Court based its decision? The lower court concluded "[Petitioner's] case does not fit within the Miller holding." A panel of the Superior Court affirmed. And later, an en banc Superior Court ruled in a related case, ie. Commonwealth v. Avis Lee, that "age is the sole factor in determining whether Miller applies to overcome the [Post Conviction Relief Act] time-bar and we decline to extend its categorical holding" (empasis added). 2. Does Miller v. Alabama require individualized sentencing for a severely _ mentally disabled marginally older teenager who, at the time of his offense, was considered a juvenile under state law? The lower court concluded Pennsylvania appellate courts have declined to expand the Miller holding "to include challenged individuals [like Petitioner] who were over the age of eighteen (18) at the time of the offense." The Superior Court affirmed and stated "Miller/Montgomery did not analyze whether their holdings extend to the [Mental Health and Mental Retardation Act of 1966]" ("“MHMRA"). , i , PARTIES TO THIS PROCEEDING Kenneth B. Davenport, incarcerated in the Commonwealth of Pennsylvania, State Correctional Institution at Dallas. The Commonwealth of Pennsylvania, through the Montgomery County District Attorney's Office. CORPORATE DISCLOSURE The Commonwealth of Pennsylvania is a body politic. The Montgomery County District Attorney's Office is a subdivision of the Commonwealth of Pennsylvania. ii